Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 13451368 of 1,497 articles for bank

Equity vs Right of Redemption: Key Lessons From Huerta Alba Resort on Philippine Foreclosure Law

Philippine Supreme Court clarifies the difference between equity of redemption and statutory right of redemption in foreclosure cases.

Deficiency Claims in Chattel Mortgages: Creditor Rights After Foreclosure in the Philippines

Learn how Philippine law governs deficiency claims after chattel mortgage foreclosure, including creditor rights and borrower protections.

Trust Receipts and Estafa in the Philippines: Understanding Liability and Compliance

Learn how the Supreme Court clarified trust receipt violations, estafa liability, and probable cause in Metrobank v. Tonda.

Fatal Motion Flaws: Notice of Hearing and Preserving Appeal Rights in Philippine Courts

A motion without notice of hearing is a "scrap of paper" that won't stop the appeal clock—learn the rules from PCIBank v. Court of Appeals.

Collective Liability and Conspiracy in Criminal Actions: People v. Aquino

When does mere presence or participation in a transaction amount to criminal conspiracy? The Supreme Court clarifies in People v. Aquino.

Prioritizing Assignment Rights: The Battle Over Promissory Notes in Trust Receipt Agreements

Supreme Court rules on competing claims over promissory notes under trust receipts and deeds of assignment, emphasizing proof and priority.

Deceptive Check Issuance and Fraud in Estafa Cases Involving Postdated Checks

When does issuing a postdated check become estafa? The Supreme Court explains the crucial role of deceit in People v. Panganiban.

When Courts Overstep: The Illegality of Interfering With Appellate Jurisdiction Through Lis Pendens Cancellati

A judge who cancels a notice of lis pendens in a case on appeal interferes with appellate jurisdiction. Learn the rules and consequences.

Understanding Novation in Philippine Contract Law: When Does a New Agreement Cancel the Old

Philippine Supreme Court explains when a new contract cancels an old one, and why novation is never presumed in law.

Jurisdiction Over Foreign Entities: Summons and Due Process in Philippine Courts

When can Philippine courts validly exercise jurisdiction over foreign corporations? The Banco do Brasil case explains the rules on summons and due process.

Acquittal in Malversation Case Shows Audit Gaps Can Overcome Presumption of Guilt

Supreme Court acquits treasurer and cashier of malversation, ruling that flawed audit findings and lack of proof of actual shortage defeat the presumption of misappropriation.

When a Civil Case Does Not Stop a Criminal Estafa Charge: Trust Receipts Explained

A civil suit to nullify trust receipts does not automatically suspend criminal estafa proceedings. The Supreme Court explains when a prejudicial question exists.

Trust Receipts and Estafa: Why a Civil Case Does Not Stop Criminal Prosecution

A pending civil action to nullify trust receipts is not a prejudicial question that bars criminal prosecution for estafa under Philippine law.

Bouncing Checks and Criminal Liability: Why Account Sufficiency Matters

Philippine Supreme Court explains when issuing a check against a closed account becomes a crime under BP 22, and why account sufficiency at issuance is key.

Heirs Bound by Contractual Duties in Property Leases: DKC Holdings v. Bartolome

When a lessor dies, are heirs bound by the lease contract? The Supreme Court explains transmissible obligations under Article 1311.

Union Dues and Attorney's Fees: Protecting Employee Rights in Collective Bargaining

The Supreme Court clarifies when attorney's fees can be charged to union members and the strict rules on check-off deductions.

When Courts Collide: The Impermissible Interference in Judicial Decisions

A judge who enjoined a co-equal court's final judgment was fined for gross ignorance of the law.

Clouded Titles: Protecting Land Ownership Rights Against Invalid Claims

Learn how the Supreme Court protects land ownership rights when fraudulent claims, invalid mortgages, and void free patents cloud title.

Clerks of Court Must Strictly Follow Rules on Handling Court Funds

Supreme Court reminds clerks of court and judges of strict rules on handling court funds, citing a case of suspension and fine for violations.

Malicious Prosecution in Philippine Law: Probable Cause and Malice Explained

Philippine Supreme Court clarifies when a failed criminal complaint becomes malicious prosecution, requiring proof of lack of probable cause and sinister motive.

Breach of Banking Duty: Bank Liable for Mortgage Fraud Due to Negligence in Identifying Impostors

Philippine Supreme Court holds bank liable for mortgage fraud when it failed to verify impostors' identity, applying the last clear chance doctrine.

Mortgage in Bad Faith: Due Diligence in Unregistered Land Transactions

When a bank fails to verify ownership of unregistered land before accepting it as collateral, it acts in bad faith and loses protection as a mortgagee.

Eminent Domain: Necessity, Procedure, and the Writ of Possession in Philippine Law

The Supreme Court explains when the government may expropriate private land, the necessity requirement, and the rule on writs of possession.

Diplomatic Immunity vs Defamation: The Liang Case and Limits of Official Acts

Philippine Supreme Court ruling on ADB staff immunity, defamation, and why diplomatic immunity is not absolute for criminal acts.